DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 426 Original 2021 Regular Session Amedee
Abstract: Authorizes visitation of nursing home residents and assisted living facility residents by
persons designated as essential caregivers or compassionate care visitors and provides
requirements and standards relative to such visitation.
Proposed law provides that, for purposes of proposed law, the following definitions apply:
(1)"Compassionate care visitor" means a person who provides emotional support to help a
nursing home resident or assisted living facility resident deal with a difficult transition or
loss, an upsetting event, or end-of-life circumstances.
(2)"Essential caregiver" means a person who has been given consent by a nursing home resident
or assisted living facility resident, or a legal representative of the resident, to provide services
or assistance with activities of daily living to help maintain or improve the quality of the
resident's care or the resident's quality of life.
(3)"Public health emergency" means a state of public health emergency declared in accordance
with present law.
Proposed law requires that all nursing home residents' and assisted living facility residents' plans of
care or service plans identify care and services that their essential caregivers may provide. Provides
that such care and services may include, without limitation, bathing, dressing, eating, and emotional
support.
Proposed law requires each nursing home and assisted living facility to establish policies and
procedures for designation and utilization of essential caregivers and compassionate care visitors.
Proposed law allows each nursing home resident and assisted living facility resident, or a legal
representative of the resident, to designate no more than two essential caregivers and no more than
two compassionate care visitors. Stipulates that other than in end-of-life situations, during a public
health emergency, a resident may be visited by one such visitor at a time.
With respect to visits by essential caregivers and compassionate care visitors during a public health
emergency, proposed law requires each nursing home and assisted living facility to do all of the
following:
(1)Set a limit on the total number of visitors allowed in the facility based on the ability of staff to safely screen and monitor visitation.
(2)Develop an agreeable schedule in concert with the resident and each essential caregiver and
compassionate care visitor who wishes to visit the resident.
(3)Provide appropriate infection prevention and control training, such as training on proper use
of personal protective equipment, hand hygiene, and social distancing.
(4)Screen all visitors, including essential caregivers, compassionate care visitors, and other
visitors, to prevent possible introduction of infectious disease.
(5)Maintain a visitor log and require essential caregivers and compassionate care visitors to sign
in and out.
(6)Prohibit visits, except for compassionate care visits, if the resident is quarantined or if the
resident is positive for or shows symptoms of any infectious disease to which the public
health emergency relates.
(7)Monitor visitor adherence to appropriate infection prevention and control procedures.
(8)After attempts to mitigate concerns relating to an essential caregiver's or compassionate care
visitor's behavior, restrict or revoke visitation by an essential caregiver or compassionate care
visitor if that person fails to follow infection prevention and control requirements or other
applicable rules of the facility.
Proposed law requires each essential caregiver and compassionate care visitor to do all of the
following prior to visiting a nursing home resident or assisted living facility resident during a public
health emergency:
(1)Participate in training furnished by the facility on appropriate infection prevention and
control procedures such as the use of personal protective equipment, hand sanitizing, and
social distancing, and sign a form acknowledging that he has completed the training and will
adhere to the facility's infection prevention and control policies.
(2)Comply with facility-provided testing, if offered, for any disease to which the public health
emergency relates.
Proposed law requires that when visiting a nursing home resident or assisted living facility resident,
each essential caregiver and compassionate care visitor shall do all of the following:
(1)Utilize appropriate procedures for infection prevention and control, which may include
wearing personal protective equipment.
(2)Provide care or visit in the resident's room or in an area within the building designated by the
facility for this purpose. (3)Maintain the requisite social distance from facility staff and other residents and limit
movement in the facility in accordance with applicable requirements of the facility.
Proposed law authorizes nursing homes and assisted living facilities to require that essential
caregivers and compassionate care visitors submit to facility-provided testing for any disease to
which the public health emergency relates if the use of such testing is based on the most recent
guidance issued by the Centers for Disease Control and Prevention and the U.S. Food and Drug
Administration.
Proposed law requires the Louisiana Department of Health to promulgate administrative rules
relative to visitation of nursing home residents and assisted living facility residents by essential
caregivers and compassionate care visitors in accordance with the conditions and requirements of
proposed law.
Present law known as the "nursing home residents' bill of rights" provides for enumerated rights of
nursing home residents. Proposed law retains present law and requires that nursing homes assure
each resident the right to be granted immediate access to the following persons:
(1)An essential caregiver, subject to the conditions of proposed law.
(2)A compassionate care visitor, subject to the conditions of proposed law.
(Amends R.S. 40:2009.4(A)(intro. para.); Adds R.S. 40:2009.4(A)(8), 2009.24, 2010.8(A)(2)(b)(ix)
and (x), 2166.5(B)(13), and 2166.11)